5-21-07

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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on May 21, 2007, at 8:00 a.m. in the White County Courthouse, 2nd floor, Commissioners conference room.

Commissioners present were: President John C. Heimlich, Vice President Steve Burton, and Member Ron Schmierer. Also present was the White County Auditor Jill Guingrich, White County Attorney George Loy, and the Commissioners Assistant Donya Tirpak.

MINUTES

Commissioner Burton made a motion to approve the minutes as presented for the Commissioners meeting on May 7, 2007, seconded by Commissioner Schmierer. Vote: Unanimous

PAYROLL

Commissioner Schmierer made a motion to approve the payroll for May 21, 2007, as presented, seconded by Commissioner Burton. Vote: Unanimous

OPEN BIDS FOR AIR CONDITION UNITS AT THE ANNEX BUILDING

Commissioner Heimlich announced that the Commissioners have legally advertised the request of quotes to install two 5-ton roof top air condition units at the annex building.

Commissioner Burton made a motion to approve the quote from Larry Lear for a total bid costs of $10,611.21 for the installation of two 5-ton roof top air condition units at the Annex building, seconded by Commissioner Schmierer. Vote: Unanimous

TIOGA BRIDGE – SFLECC

Doug Mulhaupt, Board member on the SFLECC, appeared before the Commissioners reviewing the idea that the SFLECC has presented to the White County Commissioners about raising the Tioga Bridge. He stated that the SFLECC feels that it is a hazard to navigations at its present height above the water. The SFLECC feels that things could be dramatically improved if the raising of the bridge was part of the Tioga Bridge renovation project.

Mr. Mulhaupt said that they have met with the Carroll County Commissioners and they have approved to accept the SFLECC’s funding if the White County Commissioners approve it. Mr. Mulhaupt said that the Carroll County Commissioners were extremely excited about the project and they thought that it was a progressive idea and that it should be done.

Mr. Mulhaupt asked the White County Commissioners to formally accept funds ($17,000) from the SFLECC to cover the engineering cost to see what the actual cost would be to raise the bridge.

Commissioner Schmierer asked if anyone knows if this could be included in the present grant that we’ve had in the engineering planning for the past eight years now.

Mr. Mulhaupt said that he has talked with the engineer and he said that it is applicable to the grant. He said that he was told that the Federal Highway Commission looks favorably upon these kind of projects and especially with a non-profit organization such as the SFLECC helping with the funding.

Commissioner Schmierer said that the Highway Commission is talking about a road that is going to be used, not a walking bridge.

Merle Peterson, SFLECC, said that he had a letter from the engineer, Mr. Barker, saying that he thought that it would be eligible.

Mr. Mulhaupt said that if it does not get accepted with the grant then they understand that it’s not doable. They just do not want to pass up the opportunity to throw this in with a grant that could possibly pay 80% of the cost.

Commissioner Heimlich asked them if the SFLECC was planning on pledging money to pay the 20% if it did get approved with the grant. Mr. Mulhaupt said that he is not authorized at this time to answer that but he figures that if the 20% came in at about $40,000 he is willing to go back to the board and request the money so the taxpayers wouldn’t have to pay for it.

Don Ward, County Engineer, said that currently the renovation of the Tioga Bridge project is ready to be let in the fall. He said that the engineer wants to do the engineering first, let the contracts, and then put it in for next year. This way you’ll know what the cost will be of raising the bridge, you’ll know if you’re getting the grant money, and the people who want the bridge raised will know how much money they will need to provide. He feels that this will delay the project for about another year but he thinks that this is the best way of going about it.

William Tyler, 12810 N. 1225 W., said that the last time there was any type of discussions on Tioga Bridge was on June 18, 1997. He said that he has been involved with the bridge for a long time and he has had a lot of thoughts with raising the bridge. He is opposed to raising the bridge because historically it was built this way in the 1890’s and he feels that it should remain the same.

Don Ward said that the only problem with delaying the project is the fact that cost continues to go up every year. Deterioration in the bridge is not the biggest problem, the inflation is.

Commissioner Burton made an initial motion that the White County Commissioners go ahead and pursue the acceptance of the $17,000 for the engineering to raise the bridge. Commissioner Burton said that his motion is open for some time amendments, if desired.

Commissioner Schmierer put an amendment to the motion by adding that the engineer must get the engineering work (design cost) done by 6 months. Commissioner Schmierer said that if Mr. Barker tells us that he can’t get the work done within six months, then the motion is no good.

Don Ward recommended making it six months from when Mr. Barker signs the contract.

Commissioner Schmierer said that he didn’t want to do that because he said it will take Mr. Barker two years just to bring in a contract!

Commissioner Schmierer made the motion that the White County Commissioners agree to the engineering work for raising the Tioga Bridge with the SFLECC paying $17,000, only if the engineering could be done within six months of the contract, seconded by Commissioner Burton. Vote: Unanimous

Don Ward said that he will contact Mr. Jim Barker and relay all of the information to him.

AREA PLAN

Director Diann Weaver presented the following rezoning request to the Commissioners:

Rezoning Request #930

Jack C. VanValkenburg & Anna M. Kroyman are requesting to rezone 0.46 of an acre from a B-2 (General Business) to an R-2 (One and Two Family Residential). The property is located West of Lowes Bridge beside 4087 E. Monon Road.

The Area Plan Commission held a public hearing on this request on May 14, 2007. There was no one at the meeting opposing this request. The Area Plan Commission made the recommendation to approve this rezoning petition to the Commissioners by a vote of 9 yes and 0 no.

Commissioner Heimlich asked if there was anyone present to speak about this request. Jack VanValkenburg was present to answer any questions.

Commissioner Schmierer made a motion to approve Rezoning Request #930 for Jack VanValkenburg & Anna Kroyman rezoning 0.46 of an acre from a B-2 to an R-2, seconded by Commissioner Burton. Vote: Unanimous

Rezoning Petition #931

Bernadene (Newkirk) Thimlar is requesting to rezone Lot Number 23 except twenty (20) feet off the south end and ten (10) feet off the west side of the original plat of the Town of Headlee, in Cass Township from a R-2 (One and Two Family Residential) to a B-1 (Retail Business). The property is located at 11070 E. 1000 N. Headlee.

Director Weaver said that their property has an existing church on the property that is currently being lived in. Diann said that there were opposers at the hearing and also a petition showing neighbors against the rezoning request.

The APC heard this request in a public hearing on May 14, 2007. The APC made a motion not to recommend this rezoning request to the Commissioners by a vote of 0 yes and 9 no.

Commissioner Heimlich asked if there was anyone present to speak about this request.

Carol VanDeWalle appeared saying that she moved her last winter during the blizzard and she hasn’t had time to put down the concrete or put up the privacy fence for the dogs. She said that the neighbors are complaining about the smell and that is because the dogs are being kept on the dirt. She said that her dogs have always been on concrete and under a shelter.

Carol said that she was told that she was not allowed to live in the same building as her dogs so she has found another place to stay.

Ruby Deveese, neighbor, said that she had no idea the amount of animals that she had when she was approached by Bernadene Thimlar. She said that the property is too small for that amount of animals. She complained about the constant barking and the smell.

Commissioner Schmierer made a motion to deny Rezoning Request #931 from an R-2 to a B-1 for Bernadene (Newkirk) Thimlar, seconded by Commissioner Burton. Vote: Unanimous

Director Weaver informed the Commissioners that the APC board has informed Carol VanDeWalle that if the rezoning request was not approved today that she has 15 days to remove the dogs from the property. After the 15 day period a fine will be imposed.

Rezoining Petition #932

Ralph T. Sloan is requesting to rezone .81 of an acre from an A-1 (Agriculture) to an R-2 (One and Two Family Residential). The property is located north of Monticello on the north side of Parses Road in between Stahl Road and C.R. 300 E.

The BZA held a public hearing on May 14, 2007, regarding this request. Director Weaver said that there was one neighbor at the public hearing opposing the request. The BZA made the recommendation to approve the rezoning request to the Commissioners by a vote of 8 yes and 1 no.

Commissioner Heimlich asked if there was anyone present to speak about this request.

Commissioner Schmierer made a motion to approve rezoning request #932 (Ordinance No. 516-17) to rezone from an A-1 to an R-2 for property located north of Monticello on the north side of Parses Road in between Stahl Road and C.R. 300 E., for Ralph T. Sloan, seconded by Commissioner Burton. Vote: Unanimous

Rezoning Petition #936

Larry L. Brown and John M. Brown are requesting to rezone 1.169 of an acre from an A-1 (Agriculture) to a B-1 (Retail Business). The property is located on the east side of Monon at the north corner of Greenwood and Broadway streets.

The BZA held a public hearing on May 14, 2007, regarding this request. The BZA made the recommendation to approve the rezoning request to the Commissioners by a vote of 9 yes and 0 no.

Commissioner Heimlich asked if there was anyone present to speak about this request.

Attorney John Million appeared saying that he is representing the Brown’s and if there were any questions he would be happy to answer.

Commissioner Schmierer made a motion to approve rezoning petition #936 (Ordinance No. 517-07) rezoning 1.169 of an acre from an A-1 to a B-1 for property located on the East side of Monon at the north corner of Greenwood and Broadway streets for Larry L. Brown and John M. Brown, seconded by Commissioner Burton. Vote: Unanimious

Rezoning Petition #937

Larry L. Brown and John M. Brown are requesting to rezone 3.665 acres from an A-1 (Agriculture) to a B-1 (Retail Business). The property is located on the east side of Monon on the North side of State Road 16 and East of Greenwood Street.

The BZA held a public hearing on May 14, 2007, regarding this request. The BZA made the recommendation to approve the rezoning request to the Commissioners by a vote of 9 yes and 0 no.

Commissioner Heimlich asked if there was anyone present wishing to speak about this request. No response.

Commissioner Schmierer made a motion to approve rezoning petition #937 (Ordinance No. 518-07) rezoning 3.665 acres from an A-1 (Agriculture) to a B-1 (Retail Business) for property located on the north side of State Road 16 and east of Greenwood Street for Larry L. Brown and John M. Brown, seconded by Commissioner Burton. Vote: Unanimous

REPORTS

At this time, Council President Richard “Buzz” Horton called the Council to order in joint session with the County Commissioners. Council members present were:

President Richard “Buzz” Horton Raymond “Butch” Kramer Dennis Carter

Dennis Cain Kevin “Casey” Crabb Bruce Clear

Gary Hendryx

BUILDING INSPECTOR

White County Building Inspector Dave Anderson reported that there were 84 permits issued last month in which 9 if them were for new houses.

ECONOMIC DEVELOPMENT

White County Economic Development Director Connie Neininger presented her April Activity report.

Connie said that she continues to meet with industries in White County:

Girtz Industries – New product line and currently in hiring mode.

Jessup Paper Box

Lakeland Real Estate

Invenergy – Wind Farm

NHK Seating – Japanese owned business.

Connie said she attended the National Renewable Energy Lab in Denver, CO, and it was paid with the WIRED grant. There was a very interesting meeting in relation to bio-town

IVY Tech Project

Connie said that we now have some IVY Tech drawings and cost estimates and she is now working with IVY Tech to see what kind of work or how much work they could do to cut our cost down with all of the projects. A final number is not done yet but it is getting very close.

IVY Tech is currently reviewing the lease and they have said that everything is looking good so far and right now they are negotiating a price.

VeraSun Reynolds, Ethanol Plant

The ground breaking ceremony for the Ethanol plant is set for Thursday, June 7th , at the County 4-H Fair Grounds . They will have a ground breaking ceremony in the morning and in the evening they are having a public meeting where they will explain the ethanol process and also talk with farmers and grain operators about grain merchandising.

Wolcott Corridor

Land owners are still looking over the land options.

LAKEVIEW HOME

Lakeview Home Director Kae Fuller presented her monthly report dated May 21, 2007. She said that Comcast has laid new cable to the building.

For the 100th Anniversary of Lakeview Home they are putting together special events:

E-911 Director Terri Conwell presented a written monthly report. She said that the phone upgrade was completed last month and everything is going very well.

Terri discussed that she is currently working with other surrounding county 911 Directors on the new Emergency Medical Dispatch rules put out by the EMS Commission. They would like to see some changes made by the State with the fee schedule that is being proposed. There is a public hearing held at the Statehouse on June 6th for them to voice their concerns.

ENVIRONMENTAL OFFICER

White County Environmental Officer John Raines presented the Complaints and Violations report for April, 2007.

Mr. Raines reported that they have just received payment on a property that was cleaned up about two years ago. He thanked Attorney George Loy for doing a great job on collecting the money.

HOSPITAL

White County Hospital CEO Paul Cardwell presented the Financial Report for April 2007.

Mr. Cardwell reported that they had a very strong April and they have been very consistent with the revenue being over $3 million. For April they were at $3.2 million. Their bottom line of net income for April was $117,000 and for net income they are up to $816,000. The current cash position is $8.3 million. The most significant thing about the cash position is that they have already paid off all but $30,000 on their debt on the current hospital. Out of the cash position they will use about $2 million to buy some new equipment for the hospital and medical arts building.

Mr. Cardwell complimented Dave Anderson, White County Building Inspector, by saying that he is a “great set of eyes” for them with this project. He is definitely representing the county very well. Mr. Cardwell said that Mr. Anderson has gone above and beyond his duties to help them out on the Medical Arts Building.

The Medical Arts Building is on time and on budget and they are still shooting for the July 17th opening date.

JAIL SECURITY SYSTEM

White County Attorney George Loy said that at the last meeting the Commissioners had a proposal for a new jail security system. Attorney Loy said that he contacted them and requested a proposed contract which was presented to the Commissioners today. Attorney Loy said that he did have a few questions for them but noticed that it’s basically a software installation. Attorney Loy said that besides a couple of attorney stuff he is satisfied with the contract.

Attorney Loy also pointed out that he was told that Stanley-Integrator is the only provider of this type of hardware and software. The proposal cost is $62,000.

Commissioner Heimlich asked the Council members if they had any questions about the contract and also asked if they were going to do an additional appropriation to fund this expense.

Councilman Cain asked Attorney Loy if we have any recourse with ADT. Attorney Loy said that he is meeting with Ray Franko later this week reviewing the paperwork from ADT.

White County Sheriff John Roberts said that the jail inspector was there last week doing an inspection and they were red flagged on this system. So, the sooner we get it fixed, the better.

Commissioner Heimlich asked if there were any other questions.

Commissioner Schmierer made a motion to approve the contract with Stanley-Integrator for the jail security system subject to the revisions with our County Attorney, seconded by Commissioner Burton. Vote: Unanimous

FIRST RESPONDER TRAINING

Commissioner John Heimlich reminded everyone that Galen Logan came in last month requesting funds for first responder training and he was told to come back to this meeting for discussion.

Galen Logan said that they are requesting $1,200 in a non-reverting fund to help supplement “intise” some of the volunteers, first responders, firefighters to attend additional training that is available so they will not have to have any out-of-pocket expense. He said that he has talked to all departments and they are all hoping that it will intise some people to go to training.

Commissioner Schmierer said that when the Commissioners put their budget together for next year they will consider this request. The Commissioners requested him to submit something in writing.

PUBLIC HEALTH COORDINATOR GRANT

White County Public Health Coordinator Ed Gutwein appeared before the Commissioners and Council giving them an update on the status of his position. He said that his position is funded by CDC out of Atlanta. This goes through the State of Indiana, and the position has been funded for about 2 ½ years now. The amount of funding over the years has decreased and he is expecting another decrease in the 2008 year. Currently, the indications that he’s getting from the state is that they may be able to fund the salary portion of the position but not the expenses.

Mr. Gutwein said that most of the coordinators are asking their counties to pick up a portion of the expenses associated with this position. Either way, he said that in order for the position to remain within the county the county will need to put in a portion of the funding.

Mr. Gutwein said that he is not requesting any money today; he just wanted to make them aware that he will need their support. He asked the Commissioners and Council to challenge them to evaluate the position of the Public Health Coordinator based upon the benefits and drawbacks for the county, health department, and for the county’s preparedness to respond to a public health emergency.

Commissioner Heimlich explained to the Council members how this position first started. He said that at the beginning the State awarded $63,000 for a Public Health Coordinator position for the county. At the time, the Commissioners wanted this position to be an independent contractor and not a county employee, but that couldn’t be done because of problems with the insurance liability coverage so we then just made it a county employee position. Since Mr. Gutwein did not take the county insurance we agreed to increase the amount set aside for the salary. Commissioner Heimlich said that there was a lot of time spent on this discussion so that the county wouldn’t be paying any money for the position.

Commissioner Schmierer noted that in the minutes it was said that if the grant ever ended the county was not going to fund the position. If the grant was going to be gone; the position was going to be gone.

Commissioner Heimlich said that he hopes that the funding information will come in before budget time. He also complimented Mr. Gutwein for a tremendous job that he has done for the county and he knows that he has put in a lot of work in this position.

PROPOSED ORDINANCE AMENDING THE POLICY AND PROCEDURE REGARDING USE OF COUNTY OWNED PROPERTY BY COUNTY EMPLOYEES

Commissioner Heimlich said that the Council had mentioned several months ago about adopting an ordinance regarding county owned property used by county employees. He said that the County Attorney has drafted an ordinance which has been distributed to all of the county offices.

White County Attorney George Loy said the Internal Revenue code has always taxed benefits such as take home vehicles, cell phones and uniforms to employees of employers. Recently, the IRS has been auditing municipalities taxing the fringe benefits and there have been a number of municipalities that have been substantially fined for failing to report fringe benefits on employees.

Attorney Loy said that we must have a policy that is written in black and white stating what their expecting to report on employees W-9’s detailing what will be taxed on fringe benefits. He said that the draft ordinance was not his creation it is a draft of the Internal Revenue Code rules that must be met. Everything in this ordinance is exactly what the IRS is expecting. The purpose of this ordinance is to protect the county and the employees as well.

After a short discussions with several department employees and department heads.

Commissioner Schmierer made a motion that we go ahead and accept the proposed ordinance with the exception that the county owned police cars (Section 1 “D”) the jurisdiction would be White County and all adjacent counties, seconded by Commissioner Burton. Vote: Unanimous

ORDINANCE NO. 07-05-21-01

ORDINANCE AMENDING THE POLICY AND PROCEDURE REGARDING USE OF COUNTY-OWED PROPERTY BY COUNTY EMPLOYEES

WHEREAS, the United States Internal Revenue Code governs the taxability of employer-provided fringe benefits to employees; and

WHEREAS, White County, Indiana provides certain items of county-owned property which are considered taxable fringe benefits by the Internal Revenue Code; and

WHEREAS, in order to confirm its compliance with the regulations of the Internal Revenue Code regarding taxation of fringe benefits, the White County Commissioners wish to adopt policies pertaining to the use of county-owned property by its employees and an accountable plan for reporting the taxable value thereof.

THEREFORE, BE IT HEREBY ORDAINED by the Board of Commissioners of White County, Indiana as follows:

SECTION 1.COUNTY-OWNED VEHICLES:

(A). The following employees are provided a county-owned vehicle who are required to commute and use the vehicle for official county business purposes only:

Sheriff Community Corrections

Sheriff’s Chief Deputy County Health Dept. Inspector

Sheriff’s Merit Deputies Building Inspector

County Surveyor

County Environmental Officer

Except for a county employee’s use of a qualified non-personal use vehicle, all employees of White County shall not use or permit the use of any county-owned vehicle for any purpose other than official county business or de minimis personal use. For purposes of this Ordinance, a “qualified non-personal use vehicle” as defined by the Internal Revenue Code, shall include any clearly marked police and fire vehicle, unmarked vehicles used by law enforcement officers who are authorized to carry a firearm, execute search warrants and make arrests, ambulance, and any vehicles designed to carry cargo with a loaded gross vehicle weight over 14,000 pounds.

For county employees provided a county-owned vehicle, other than those provided a qualified non-personal use vehicle, personal use (other than commuting and de minimis personal use) of county-owned vehicles is prohibited.

Other than commuting, personal use of a clearly marked police or fire county-owned qualified non-personal use vehicle is prohibited outside the jurisdiction of the White County Sheriff’s Department, which jurisdiction is White County, Indiana, and all adjacent counties.

Except for qualified non-personal use vehicles, $1.50 per one-way commute (home-to-work or work-to-home) shall be includable in the gross income of any county employee commuting to/from work in a county-owned vehicle.

All county-owned vehicles, other that unmarked law-enforcement vehicles, shall be clearly marked and identified as an official White County vehicle.

SECTION 2.UNIFORMS

Personal use of county-owned uniforms for other than Official County related business and while commuting to and from work is prohibited.

If any required clothing or equipment is adaptable to general usage as ordinary clothing and equipment, then such county-provided clothing or equipment is considered a taxable benefit to the employee and are subject to all employment taxes.

Work clothing provided by the county is not taxable to the employee if the employee must wear the clothing as a condition of employment and the clothes are not suitable for everyday wear. Such clothing includes work clothes for law enforcement taxes.

Clothing allowances, if permitted and used, are a taxable fringe benefit and are subject to all employment taxes.

SECTION 3.TOOLS, SUPPLIES, CELL PHONES AND ALL OTHER EQUIPMENT:

County employee’s personal use of county-owned tools, supplies, cell phones, and all other equipment or property of any kind is prohibited.

Personal use of county-owned facilities (e.g. offices, garages, grounds, etc.) during work or non-work hours by county employees is prohibited.

To ensure compliance with the Internal Revenue Code and this Ordinance, the White County Auditor shall establish and county department heads shall implement and monitor internal controls, including requiring acknowledgments signed by all employees confirming their knowledge and compliance with the requirements of this Ordinance as a condition of their employment.

SECTION 4.EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and adoption, retroactively to January 1, 2007, and repeals or amends all other ordinances, policies and procedures of White County, Indiana in conflict herewith.

PASSED AND ADOPTED by the Board of Commissioners of White County, Indiana on this 21st day of May, 2007.

DISCUSSION OF THE TIF TIMETABLE FOR THE VERASUN TIF DISTRICT

Copies of the proposed timetable were given to all Council members by White County Economic Development Director Connie Neininger.

Commissioner Heimlich reminded the Council members that when they talked about the Economic Development proposal for VeraSun the county said that there would be a TIF district formed specifically for VeraSun. In the discussions it was said that it would be self contained, meaning; VeraSun will purchase the bonds. Commissioner Heimlich said that there is a procedure that they do have to go through to get this done and Barnes and Thournburg has provided a timetable laying out the fastest possible way. Commissioner Heimlich said that as soon as the county gets the bond money they can pay for the road improvements.

Commissioner Heimlich detailed how several things will need to be done at the next Commissioners’ meeting on June 4th and June 18th. On the June 18th council meeting the county council will adopt the ordinance of approving issuance of the bonds and financing documents. At that time we can go ahead and issue the bonds.

Commissioner Heimlich said that for this TIF District there has to be an Economic Development Commission, which there is one, but they haven’t met since the late 1980’s. He said that we will have to appoint members to this board. This board is very similar with the Economic Redevelopment Commission and the members can overlap. The Economic Development Commission is a three member board: one appointment is made by the Commissioners, the County Council will make a nomination of a board member, and the City Council, of the largest municipality, will make a nomination that the County Commissioners will appoint.

Commissioner Heimlich said that in order for the Commissioners to make their appointment on June 4th the County Council needs to make their nomination today.

Attorney George Loy said that it is on the City Council’s agenda to nominate their member.

Commissioner Heimlich said that he is hoping that everything will be in place by June 18th so the Council can adopt the ordinance for the bond issuance.

Council President Horton asked Commissioner Heimlich what time their meeting was going to be on June 4th because the Council members might want to attend. Commissioner Heimlich said that he will keep in touch with them.

COMMUNITY CORRECTIONS GRANT

White County Community Corrections Director Linda Roy presented a copy of her grant agreement for next year. The grant is for 12 months starting on July 1, 2007 and in effect through June 30, 2008. The grant is for $206,857.00.

Commissioner Schmierer made a motion to renew the grant agreement for the White County Community Corrections Department effective July 1, 2007 through June 30, 2008, for $206,857.00, seconded by Commissioner Burton. Vote: Unanimous

SCULPUTRES PAYROLL DEDUCTIONS

Commissioner Schmierer said that Auditor Guingrich asked him if they will allow the fees of Sculptures Health and Fitness center to be deducted from the employee’s paychecks.

Auditor Guingrich said that Sculptures Health and Fitness offers a corporate benefit rate to county employees that have it deducted from their paycheck. With the old payroll system they were not able to take out this deduction but now with the new system they are able to. Auditor Guingrich asked the Commissioners for their approval to offer this deduction to all the employees. There will be no money paid by the county it will all just be deducted from the employee’s paycheck. PERMISSION GRANTED

APEX

White County Auditor Jill Guingrich said that she received a phone call from Amy Carpenter last Friday and Amy had asked what would make us happy. Jill said that Leah, Payroll Clerk, told her to pay the difference in the premium for the employees and Amy’s comment back to Leah was that she didn’t think that she could do that. Amy told Leah that she was going to talk to her boss, John, to see what she can do.

MEDIATION AGREEMENT

Commissioner Schmierer said that he reluctantly under protest will make a motion to accept the mediation agreement on the Saylor property since there is nothing that he can do about it, seconded by Commissioner Burton. Vote: Unanimous

INTER-LOCAL AGREEMENT REGARDING CDC/COUNTY HOME SERVICE AREA FROM THE TWIN LAKES REGIONAL SEWER DISTRICT

Commissioner Heimlich said that the County Council forgave the debt as part as the agreement but the Commissioners has never approved the agreement.

Commissioner Schmierer made a motion to approve the Inter-Local Agreement regarding CDC/County Home Service Area as presented, seconded by Commissioner Burton. Vote: Unanimous

INTER LOCAL AGREEMENT REGARDING CDC/COUNTY HOME SERVICE AGREA FROM THE TLRSD

This Agreement is entered into this _ day 2007, by and between the Twin Lakes Regional Sewer District (hereafter “TLRSD”) and White County, Indiana (hereafter “the County”), by and through its County Council and County Commissioners.

WITNESSETH:

WHEREAS, TLRSD is a municipal corporation organized and existing pursuant to the laws of the State of Indiana to construct, own, manage, operate and maintain sewage collection and treatment facilities within its service area in White and Carroll Counties in the State of Indiana;

WHEREAS, White County requested the assistance of TLRSD in providing sewage collection and treatment for the White County Home and CDC Resources, Inc., due to sanitary concerns and needs with regard to said facilities;

WHEREAS, on or about January 17, 2000, the White County Commissioners adopted a Resolution Authorizing Proposal Submission and Local Match Commitment in an effort to obtain funding through the Indiana Department of Commerce with regard to said project;

WHEREAS, TLRSD believed that it could construct sewage collection facilities to connect the County Home and CDC to its system and receive grant funding from the State of Indiana an/or the federal government with regard thereto;

WHEREAS, White County loaned TLRSD the sum of $40,000.00 for use in constructing capital improvements to provide sewer service to the White County Home and CDC in anticipation that TLRSD would repay White County from any grant funding received by TLRSD;

WHEREAS, TLRSD did not receive any grant funding and technically, therefore, still owes White County the sum of $40,000.00 to repay the aforementioned loan;

WHEREAS, the parties are of the opinion that it would be in their mutual best interest for White County to firgive the aforementioned loan and to forgo repayment therof in exchange for TLRSD providing sewage collection and treatment services for the County Home and CDC on the basis of an operation and maintenance cost billing per equivalent dwelling unit (hereafter “EDU”) only; and,

WHEREAS, the parties believe that such an arrangement is warranted inasmuch as White County has effectively paid, through the $40,000.00 loan, all or a significant portion of the capital costs associated with the construction of infrastructure improvements to provide sewer service to the County Home and the CDC;

NOW, THEREFORE, it is hereby mutually agreed by and between White County and TLRSD as follows:

White County does hereby forgive TLRSD from repayment of the aforementioned loan in the amount of $40,000.00 as described hereinabove and agrees to pursue no action to collect same;

TLRSD does hereby agree to collect and treat sewage generated and produced at the County Home and the CDC and to bill therefore only the cost of operation and maintenance per EDU and not to bill any charge for the capital cost associated with the installation of facilities for the collection and treatment of said sewage.

The operation and maintenance cost billing, as described in the immediately preceding paragraph, shall remain in effect for so long as TLRSD is able to collect and treat sewage produced by the CDC and County Home with the infrastructure improvements already constructed. In the event it is necessary for TLRSD to incur additional capital costs to construct additional improvements in the future for the collection and treatment of sewage generated by the County Home and/or the CDC, TLRSD will be entitled to bi9ll for the appropriate portion of the capital costs associated therewith. This Agreement applies only for so long as the affected properties are owned by the current owners.

In witness whereof, the parties hereto affix their signatures by and through their authorized representatives.

There being no further business to come before the White County Commissioners, their meeting was adjourned.